MEDISETTY JAYASRI Vs. TASTE HOTELS LTD

JUDGEMENT

(1.) This petition is filed with a prayer to review the judgment, dated 7-6-2011 passed in A.S. No. 213 of 2011. The grievance of the review petitioners is more about the reference to Section 106 of the Transfer of Property Act (for short 'the Act') invoked by them, in a suit filed against the respondent for eviction. Sri M.V.S. Suresh Kumar, learned counsel for the review petitioners, submits that though in some of the notices Section 106 of the Act was mentioned, the intention of the petitioners was that the lease is to be terminated by operation of Section 111(g) of the Act.

(2.) Sri Y.V. Ravi Prasad, learned counsel for the respondent, on the other hand, submits that when a specific provision was invoked in the applications, it is not open to the petitioners to contend otherwise. In the course of discussion, this Court expressed the view in page 8 of the judgment, that in a suit filed by invoking Section 106 of the Act, it is not necessary to urge the ground of non-payment of rent. It was in the limited context, that reference was made to Section 106 of the Act. The question as to whether the lease between the parties was terminated by invoking Section 106 or other provisions of the Act, needs to be dealt with, in the trial by taking into account, the oral and documentary evidence. This Court did not make any pronouncement as to the basis of the suit. However, with a view to allay the apprehension of the review petitioners, it is directed that the following sentence shall be added at the end of third sentence, in second paragraph, in page eight, of the judgment, after the words "constitute one of grounds."